Common use of Vaults Clause in Contracts

Vaults. a. The Grantee shall not install underground vaults on any Public Way after the effective date of this franchise, except in accordance with and pursuant to the provisions of paragraph d. of this subsection. All underground vaults shall be flush mounted with the surface of the land area. b. The Grantee shall inform the owner of any private property in the Village where the Grantee contemplates placing a vault on the parkway immediately adjacent to said private property, that the owner has the right to elect between the construction and installation of an underground vault on the owner's private property or on the Public Way (including, without limitation, the parkway) immediately adjacent to the owner's property. Said notice shall be in writing, in form and substance acceptable to the Village Administrator, and delivered by certified mail or personal delivery to said owner at least 30 days immediately before the commencement of construction on or around the owner's property. c. If the owner elects to allow construction and installation of an underground vault on the owner's property, then the owner shall be required to grant the Grantee and easement, in form reviewed and approved by the Village Attorney, allowing for such construction and installation. d. If the owner (i) elects not to allow construction and installation of an underground vault on the owner's property; or (ii) fails to respond to the election notice delivered by the Grantee pursuant to Paragraph b above within 45 days after the owner receives the notice; or (iii) refuses to grant the Grantee the easement pursuant to Paragraph c above within 30 days after the owner's receipt of an easement document, then the Grantee shall be entitled to construct and install an underground vault on the Public Way (including, without limitation, the parkway) that is immediately adjacent to the owner's property.